Abraham, Haim (2019) 'Tort Liability for Belligerent Wrongs.' Oxford Journal of Legal Studies, 39 (4). 808 - 833. ISSN 0143-6503
![]() |
Text
Haim Abraham, Tort Liability for Belligerent Wrongs.pdf - Accepted Version Restricted to Repository staff only until 19 July 2021. Download (494kB) | Request a copy |
Abstract
Most legal systems deny civilians a right to compensation for losses they sustain during belligerent activities. Arguments for recognising such a right are usually divorced, to various degrees, from the moral and legal underpinnings of the notion of inflicting a wrongful loss under either international humanitarian law or domestic tort law. My aim in this article is to advance a novel account of states’ tortious liability for belligerent wrongdoing, drawing on both international humanitarian law and corrective justice approaches to domestic tort law. Structuring my account on both frameworks, I argue that some of the losses that states inflict during war are private law wrongs that establish a claim of compensation in tort. Only in cases where the in bello principles are observed can losses to person and property be justified and non-wrongful. Otherwise, they constitute wrongs, which those who inflict them have duties of corrective justice to repair.
Item Type: | Article |
---|---|
Uncontrolled Keywords: | tort liability, warfare, wrongs, international humanitarian law |
Divisions: | Faculty of Humanities > Law, School of |
Depositing User: | Elements |
Date Deposited: | 25 Mar 2020 14:37 |
Last Modified: | 25 Mar 2020 15:15 |
URI: | http://repository.essex.ac.uk/id/eprint/27153 |
Actions (login required)
![]() |
View Item |